- 1 - NC: 2025:KHC:8392 WP No. 7158 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 7158 OF 2023 (GM-CPC) BETWEEN: M/S. S.J.R. PRIME CORPORATION PRIVATE LIMITED REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.8 & 8/2, THE HUB SARJAPUR MAIN ROAD BENGALURU-560103 REPRESENTED BY ITS MANAGING DIRECTOR SRI.J.VIJAY REDDY …PETITIONER (BY SRI. AJESH KUMAR S., ADVOCATE) AND: M/S. CHANNA ENTERPRISES REGISTERED UNDER THE COMPANIES ACT 1956 HAVING ITS OFFICE AT NO.9,1ST MAIN ROAD, 1ST CROSS HRUSHIKESHNAGAR, HOSKEREHALLI BSK 3RD STAGE,BENGALURU-560085 PRESENTLY AT # 409/1/281 KENGERI DODDABELE MAIN ROAD KENGERI BANGALORE-560085 Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8392 WP No. 7158 of 2023 REPRESENTED BY ITS PROPRIETOR SRI.JAISHANKAR B.C. …RESPONDENT (BY SRI. SATHISHA K B.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE COURT BELOW BEING THE LXXXII ADDL. CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT, BENGALURU (CCH-83) TO EXPEDITIOUSLY DISPOSE OF COM.MISC.NO.26/2022 AS PER ANNEXURE-F AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM:HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by the judgment debtor under Article 227 of the Constitution of India, challenging the order dated 23.01.2023 passed by the LXXXII Additional City Civil and Sessions Judge, Commercial Court, Bengaluru (CCH-83) in Com. Execution No. 289/2021 on IA No.2/2022 filed under Order XXI Rule 26 of CPC, whereby the judgment debtor was directed to deposit 50% of the decreetal amount and subject to depositing the said amount, the execution proceedings has been stayed. - 3 - NC: 2025:KHC:8392 WP No. 7158 of 2023 2. The respondent/decree holder filed a suit for recovery of money. The judgment debtor has been placed ex-parte and suit came to be decreed on 08.10.2020 directing the judgment debtor to pay a sum of Rs.2,74,01,133/- with 18% interest. The decree-holder filed an Execution Petition in Ex.No.289/2021. In the meantime, the petitioner/judgment debtor filed Misc.No.26/2022 under Order IX Rule 13 of CPC. In the execution petition, on an application filed by the judgment debtor, the executing court passed the impugned order on 23.01.2023. Being aggrieved by the same, the judgment debtor is before his Court. 3. After service of notice, decree-holder appeared before this Court. The matter was heard for some time. The counsel for the respondent/decree-holder filed a memo stating that he has no objection to allow Misc.No.26/2022 and dismiss Ex. Petition No.289/2021 and Com.O.S.No.1722/ 2017 may be reopened and after giving opportunity to both the parties, the same may be - 4 - NC: 2025:KHC:8392 WP No. 7158 of 2023 disposed of. The learned counsel further submits that the decree-holder may be permitted to withdraw Rs.1,00,00,000/- (rupees one crore only) deposited by the judgment debtor subject to his furnishing bank guarantee. 4. In view of the same, the following order is passed: (i) The writ petition is disposed of. (ii) The LXXXII Additional City Civil and Sessions Judge, Commercial Court, Bengaluru (CCH- 83) is directed to allow Com.Misc.No.26 /2022 on production of this order and the Executing Court is also directed to dismiss the Execution Petition No.289/2021 and the Executing Court is directed to release a sum of Rs.1,00,00,000/- (rupees one crore only) in favour of the decree-holder, after obtaining bank guarantee. The releasing of the amount is subject to the result of Com.O.S.No.1722/2017. - 5 - NC: 2025:KHC:8392 WP No. 7158 of 2023 (iii) It is also made clear that, after restoring Com.O.S.No.1722/2027, the Court has to fix the time limit for filing the written statement and evidence. The same shall be disposed of as expeditiously as possible. (iv) In view of disposal of the main petition, all pending applications stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 56